AMENDMENT SUMMARY SHEET

Transcription

1 I AMENDMENT SUMMARY SHEET TO: THE OFFICE OF THE CITY CLERK, INDEX SECTION FROM: OFFICE OF THE CITY ADMINISTRATIVE Room 1500, City Hall East Attention: Dolores Rivera ( ) OFFICER IContract No. and/or Amendment No: C-I089211Sixth Amendment ICouncii File Number: & IDate of Council Approval: 11120/98, IContractor Name: Lewis, Brisbois, Bisgaard & Smith, LLP ITerm of Contract: May 17, 2005 through completion of representation ITotal Amount: $ 218,100 Purpose of Amendment: adding $50,000 in funds to the contract and increasing the maximum amount payable to the Contractor to $218, Harold C. Hall v. City of Los Angeles, et. ai., Case No. CV Because the City Attorney has a conflict of interest and cannot ethically provide representation.

2 SIXTH AMENDMENT TO THE AGREEMENTNUMBERC OF CITY OF LOSANGELESCONTRACTS BETWEEN THE CITY OF LOSANGELES AND lewis, BRISBOIS, BISGAARD & SMITH, llp THIS SIXTH AMENDMENTto Contract Number C of City of Los Angeles Contract is made and entered into by and between the City of Los Angeles, hereinafter referred to as the City, and lewis, BRISBOIS, BISGAARD & SMITH, llp, hereinafter referred to as the Contractor. WITNESSETH WHEREAS,on November 20, 1998, the Los Angeles City Council, with the Mayor's concurrence, approved the establishment of a Conflicts Panel consisting of attorneys preselected to perform outside legal counsel for the representation of the City, City officers and employees when conflicts of interest arise (C.F , , ); and WHEREAS,the Office of the City Administrative Officer (CAO), is authorized to retain law firms from the Conflict Panel for such representation (C.F , , ); and WHEREAS,on May 17, 2005, the City, acting through the Office of the City Administrative Officer (CAO), and the Contractor entered into an Agreement wherein Contractor agreed to defend Mark J. Arneson, in the action, Harold C. Hall v. City of los Angeles, et al.. Case No. CVOS-01977, in the United States District Court WHEREAS, Section IX of the Agreement provides for amendments to the Agreement; and WHEREAS,on October 28, 2005, the City and the Contractor executed the First Amendment to this Agreement to change the contract agreement date from May 17, 2005 to May 16, 2005; and WHEREAS,on May 18, 2006, the City and the Contractor executed the Second Amendment to this Agreement to add an attorney; add and delete a paralegal; and add Seventy Five Thousand Dollars ($75,000) in additional funds for a contract total of $100,000; and WHEREAS,on February 5, 2007, the City and the Contractor executed the Third Amendment to this Agreement to add Twenty Three Thousand One Hundred Dollars ($23,100) in funds to the contract and increasing the maximum amount payable to the Contractor to One Hundred Twenty Three Thousand One Hundred Dollars ($123,100); and LEWIS, BRlBOIS, C HAROLD HALL, CVOS AMEND 6 DMRjah 1

3 WHEREAS, on August 10, 2001, the Los Angeles City Council authorized additional funds for the Contract; and WHEREAS, on January 9, 2008, the City and the Contractor executed the Fourth Amendment to this Agreement to add FOURlY FIVE THOUSANDS DOLLARS in funds to the contract and increasing the maximum amount payable to the Contractor to ONE HUNDRED SIXlY EIGHT THOUSAND ONE HUNDRED DOLLARS ($168,100); and (b) replacing Surekha Pessis with Tina Varjian, Associates (effective February 13, 2001) and replacing Bhawna Nathu and Anthony Alvarado, Paralegals, with Cynthia Patino and Mike DeVera, Paralegals (effective April 10, 2001); and WHEREAS, on July 18, 2008, the City and the Contractor executed the Fifth Amendment to this Agreement to replace Tina Varjian, Associate, with Heidi Yoshioka, Associate, to the defense counsel roster; and WHEREAS, on December 11, 2008, the Los Angeles City Council authorized additional funds for the Contract; and WHEREAS, the City and the Contractor are desirous of amending the Agreement for the purpose of: (a) adding FIFlY THOUSAND DOLLARS ($50,000) in funds to the contract and increasing the maximum amount payable to the Contractor to TWO HUNDRED EIGHTEEN THOUSAND AND ONE HUNDRED DOLLARS ($218,100); and (b) making other changes as required in connection with the foregoing, as detailed elsewhere in this Amendment; and WHEREAS, this Amendment is necessary and proper to continue and/or complete certain activities authorized under this Agreement. NOW, THEREFORE, the City and the Contractor agree that the Agreement be amended effective January 26, 2009, as follows: AMENDMENT 1. Amend SECTION III, APPROPRIATION OF FUNDS-ATTORNEYS' OBLIGATIONS, Subsection A. Appropriation of Funds by deleting Subsection A. Appropriation of Funds in its entirety and substituting therefor new Subsection A. Appropriation of Funds and to read as follows: A. Appropriation of Funds The City Council has appropriated $218,100 for this contract. The City will not pay Attorneys for any work done or costs incurred in excess of $218,100, unless LEWIS, BRIBOIS, C-I08921-HAROLD HALL, CV AMEND 6 DMR/ah 2

4 additional appropriations are made by the City Council and an amendment to this Contract is executed by the parties. 2. Except as herein amended, all terms and conditions of the Agreement shall remain in full force and effect. 3. This Amendment is executed in three (3) duplicate originals, each of which is deemed to be an original. This Amendment includes four (4) pages, which constitute the entire understanding and agreement of the parties. LEWIS, BRIBOlS, C-l08921-HAROLD HALL, CVOS AMEND 6 DMR/ah 3

5 IN WITNESS WHEREOF, the parties have caused this contract to be executed by their respective, duly authorized representatives. THE CITY OF LOS ANGELES, A municipal corporation ATTORNEYS: LEWIS, BRISBOIS, BISGAARD & SMITH, LLP R yond P. Ciranna Interim City Administrative Officer BY: ~Donald Forgey, ner Date: 2..--//'-.7,)I-- 0 _ r _ APPROVED AS TO FORM ROCKARD J. DELGADILLO, City Attorney BY:~;;]~~~ Edward J Deputy ~di>"l ATTEST: KAREN E. KALFAYAN, Interim City Clerk BY: (.J\ L Jv'Y\ \., ~\ f'{'.. ~ => Date: 2= :, 2-=~,----- o_q-'-- Council file Number: Date of Approval: 11/20/98 Said Amendment is Number SIX to City Contract C / LEWIS, BRIBOIS, C-l08921-HAROLD HALL, CV AMEND 6 DMR/ah 4

6 EB & SDO DETERMINATION CITY OF LOS ANGELES Office of the City Administrative Officer 200 North Main Street, Room 1240 Los Angeles, CA Mail Stop Room 1240 Phone: (213) Fax: (213) CAO DETERMINATION EQUAL BENEFITS AND SLAVERY DISCLOSURE ORDINANCES Contractors must be certified as complying with Los Angeles Administrative Code Section , Equal Benefits Ordinance (EBO), and Section et seq., Slavery Disclosure Ordinance (SOO), prior to the execution, amendment, or renewal of an agreement. Attach this form to the agreement being processed to verify the Office of the City Administrative Officer (CAO) determination regarding the Contractor's compliance with the ESO and SOO. SECTION 1. CONTRACTOR INFORMATION Company Name: Lewis, Brisbois, Bisgaard & Smith LLP Company Address: 221 North Figueroa Street, 12th Floor City: Los Angeles Contact Person: Stephen Hiura Phone: (213) Fax: (213) Slate: _-,C""A,,--_ ZIP: SECTION 2. EQUAL BENEFITS ORDINANCE 3tatus: Full Compliance The Contractor is in full compliance. Date Determined: 03/12/2002 SECTION 3. SLAVERY DISCLOSURE ORDINANCE Status: SOO Affidavit has been submitted. SDO Affidavit Executed On: 01/21/2004 SDO Affidavit Received On: 01/26/2004 Comments None CAO Analyst Nghiem Tran I ~ Phone: Date: 1/26/04 Form CAO/ESO-6, Rev. 10/21/03